The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1156
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law and the family court act,  in
   relation  to  defendants' and juvenile respondents' statement admissi-
   bility and recorded interrogations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and  2  of section 60.45 of the criminal
 procedure law are amended and a new subdivision 4 is added  to  read  as
 follows:
   1.  Evidence  of  a  written  or  oral confession, admission, or other
 statement made by a defendant with respect to his OR  HER  participation
 or  lack of participation in the offense charged, may not be received in
 evidence against him OR HER in a criminal proceeding if  such  statement
 was involuntarily made.
   2.  A confession, admission or other statement is "involuntarily made"
 by a defendant when it is obtained from him OR HER:
   (a) By any person by the use or threatened use of physical force  upon
 the  defendant  or  another  person,  or  by means of any other improper
 conduct or undue pressure which impaired  the  defendant's  physical  or
 mental condition to the extent of undermining his OR HER ability to make
 a choice whether or not to make a statement; or
   (b)  By  a  public servant engaged in law enforcement activity or by a
 person then acting under his OR HER direction or in cooperation with him
 OR HER:
   (i) by means of any promise or statement of  fact,  which  promise  or
 statement  UNDERMINES  THE  RELIABILITY OF THE DEFENDANT'S STATEMENT, OR
 creates a substantial risk that the defendant might falsely  incriminate
 himself OR HERSELF; [or]
   (ii)  BY  KNOWINGLY  COMMUNICATING  FALSE  FACTS ABOUT EVIDENCE TO THE
 DEFENDANT; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03795-01-3

 A. 1156                             2
 
   (III) in violation of such rights as the defendant may derive from the
 constitution of this state or of the United States.
   4. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL COLLECT AND ANALYZE
 THE FOLLOWING DATA RELATED TO THE RECORDATION OF INTERROGATIONS PURSUANT
 TO  THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION, INCLUDING BUT
 NOT LIMITED TO:
   (A)  THE  AGGREGATE  ANNUAL  NUMBER  OF  RECORDED  INTERROGATIONS   IN
 DETENTION  FACILITIES  FOR ALL CATEGORIES OF CRIMINAL CHARGES, INCLUDING
 SUCH CHARGES AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION THREE  OF  THIS
 SECTION AND ANY ADDITIONAL RECORDED INTERROGATIONS.
   (B) THE DISAGGREGATE DATA FOR EACH CASE INVOLVING A CUSTODIAL INTERRO-
 GATION  OF  A  PERSON SUSPECTED OF COMMITTING A CRIME THAT OCCURRED IN A
 DETENTION FACILITY, INCLUDING:
   (I) WHETHER THE INTERROGATION WAS RECORDED.
   (II) IF THE INTERROGATION WAS NOT RECORDED, WHETHER THERE WAS A  SHOW-
 ING OF GOOD CAUSE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS
 SECTION.
   (III)  THE  DURATION OF THE INTERROGATION AND THE CIRCUMSTANCES OF THE
 RECORDED INTERROGATION, INCLUDING:
   (1) WHETHER THE RECORDING BEGAN: (A)  WHEN  THE  SUSPECT  ENTERED  THE
 INTERROGATION  ROOM;  (B)  WHEN  THE SUSPECT WAS READ HIS OR HER MIRANDA
 RIGHTS; OR (C) AFTER THE SUSPECT WAS READ HIS OR HER MIRANDA RIGHTS; AND
   (2) WHETHER THE RECORDING ENDED: (A) AFTER  THE  INTERROGATION  ENDED;
 (B)  IMMEDIATELY  AFTER  THE  SUSPECT  CONFESSED; OR (C) AT ANOTHER TIME
 PRIOR TO THE END OF THE INTERROGATION.
   (IV) WHETHER THE SUSPECT CONFESSED TO THE CRIME  DURING  THE  INTERRO-
 GATION.
   (V)  WHETHER  THE  INTERROGATION  WAS RECORDED WITH VIDEO AND AUDIO OR
 AUDIO ONLY.
   § 2.  Subparagraph (iii) of paragraph (b) of subdivision 2 of  section
 344.2  of  the  family court act, as added by chapter 920 of the laws of
 1982, is amended to read as follows:
   (iii) in violation of section 305.2 OF THIS ARTICLE; OR
   (IV) IN VIOLATION OF SUBDIVISION TWO OF SECTION 60.45 OF THE  CRIMINAL
 PROCEDURE LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.